Employers may be affected by a recent ruling. A federal district court in Minnesota has indicated that a combination of health conditions might combine to be considered "serious" for the purposes of the Family and Medical Leave Act (FMLA).
The law requires that a serious health condition cause an employee to be absent for at least three days in order to be covered by the FMLA. The case arose when an employee was fired after a three-day absence that resulted from two distinct medical conditions, according to BLR.
Independently, neither qualified as a "serious medical condition" or caused an absence of three days. The employee filed a FMLA interference and retaliation claim after her employment was terminated. The individual in question had a history of lateness and absence due to medical issues. The case was complicated by the fact that her termination was officially due to "other work misconduct," not the three-day absence that occurred immediately prior.
The employer requested summary judgment and was denied, with the court ruling that the two lesser medical conditions leading to her final absences could, together, represent the equivalent of a "serious medical condition" for FMLA purposes. This means her claim could potentially be approved. Companies should keep this FMLA ruling in mind when setting their leave and absence policies and making decisions about employees, to avoid any HR compliance or legal issues.
